The Supreme Court today said that it will pass an injunctive order specifically asking Wikipedia to remove the name, photographs and video clips of the deceased victim in West Bengal’s R G Kar Medical College & Hospital incident.

“In Wikipedia, the name and photo of the (victim) girl is still there. Till yesterday (September 16), it was there and we have checked again, it is still there,” submitted Solicitor General (SG) Tushar Mehta, the second highest law officer of the Centre, before a bench headed by CJI D Y Chandrachud, hearing the suo moto case registered in wake of ghastly rape and murder of a junior doctor at the state-run hospital in Kolkata last month.

The Bench, also comprising Justices J B Pardiwala and Manoj Misra, said that all social media platforms were directed to take down the identity of the victim and all the photographs must be pulled down.

Senior advocate Kapil Sibal, representing the West Bengal government, submitted that Wikipedia was not taking down the identity of the victim.

Senior advocate Menaka Guruswamy added, “When Wikipedia was contacted and asked to remove it, they said that we refuse to be censored.”

SG Mehta said that the removal of the identity of the victim is not a “censor” but Wikipedia has been asked to not commit an offence.

“We will pass an order because her (victim’s) name and photographs cannot be revealed,” the apex court said.

In an earlier order passed on August 20, the SC had ordered the removal of the identity of the deceased victim of Kolkata’s R G Kar Medical College incident from all social media platforms and electronic media.

It noted that the name of the deceased and related hashtags have been widely disseminated on electronic and social media, including photographs of the body of the deceased.

“Plainly, this is in violation of the directives of this Court in Nipun Saxena & Anr Vs Union of India & Ors. This Court directed that the identity of victims of rape should be protected and the media, including the press, electronic and social media shall not reveal their identity,” it had said.

The apex court passed an injunctive order requiring all social media platforms and electronic media to forthwith remove all references to the name of the deceased, photographs and video clips.

In the first suo moto hearing, the SC had pulled up the West Bengal government over the publication of the name, photographs and video clips of the deceased victim.

“It is extremely concerning. We are first to recognise the right to free speech, but there are well-settled parameters,” it had said.

In response, the West Bengal Police said that it had filed 50 FIRs and before it could reach the crime scene, photos were taken and circulated.

SC on CBI’s probe into this case

The SC also iterated that the Central Bureau of Investigation (CBI), which has been entrusted to investigate the case, is intending to unearth “absolute truth” and “further truth”.

After perusal of the fresh status report of the CBI, a three-judge bench said, “We have looked at the status report of the CBI. Making a disclosure today about what the CBI is doing will jeopardize the course of the investigation. The line of further CBI investigation intends to unearth absolute truth and further truth. All of you know, apart from the principal, there has been an arrest of SHO himself. He is in custody of CBI and significant pieces of investigation would be revealed in the course of the investigation.”

The apex court stressed that the CBI must be given adequate time and any attempt to close the investigation within a time-bound manner will “dislocate” the purpose of the CBI probe.

SC struck down Bengal’s plea for halting live stream of proceedings

Striking down the plea filed by West Bengal government, the apex court also let the live streaming of the court proceedings continue in this case.

Replying the Mamata Banerjee-led government’s council Sibal, the bench iterated that, “We will not stop this”.

Sibal argued in the court that it had previously ruled, “mattters of this nature should not be live streamed.”

Sibal plead for stopping the live stream, stating, “We have 50 years of reputation which is being destroyed overnight. We are not for the accused, we don’t stand for the accused, we are only called upon to tell you what the state has done.”

(Compiled from syndicated feed)

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